Lindsey v. Watkins et al
| William Christopher Lindsey |
| Sergeant Thomas Dean, Lieutenant Zeller, Major Williams, Sheriff Jim Ross, Nurse J. Watkins and Captain Cole |
| 3:2019cv03013 |
| February 7, 2019 |
| US District Court for the Western District of Arkansas |
| Timothy L Brooks |
| Mark E Ford |
| Prisoner Petitions - Prison Conditions |
| 42 U.S.C. § 1983 |
| Defendant |
Docket Report
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| Document Text |
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| Filing 32 OBJECTION by William Christopher Lindsey re 27 TEXT ONLY Order on Motion to Transfer. (tg) |
| Filing 31 TEXT ONLY ORDER denying #29 Motion to Supplement. Plaintiff should provide the Defendants' counsel with his responses to discovery requests. Discovery responses are not filed with the Court. Signed by Honorable Mark E. Ford on March 28, 2019. (smg) Modified to add text only on 3/29/2019 (lgd). |
| Filing 30 TEXT ONLY ORDER denying #28 Motion for the Court to direct Defendants to produce electronic entries and video. The proper way for Plaintiff to seek such materials is by propounding requests for the production of documents to the Defendants. Defendants' counsel is directed to treat the motion as requests for the production of documents and to respond within thirty days. Signed by Honorable Mark E. Ford on March 28, 2019. (smg) |
| Filing 29 MOTION to Supplement #1 Complaint Referred (42:1983) by William Christopher Lindsey. Motions referred to Mark E. Ford.(tg) |
| Filing 28 MOTION for access to everything on my inmate kiosk since October 30 to February 30, 2018-2019, by William Christopher Lindsey. Motions referred to Mark E. Ford.(tg) |
| Filing 27 TEXT ONLY ORDER denying #26 Motion Transfer to Carroll County. Plaintiff asks the Court to have him transferred from Sebastian County back to Carroll County where he was originally housed. The Court does not decide where the State houses its prisoners. The motion is denied. Plaintiff also states his belief that he was moved from Carroll County for the purpose of slowing down his lawsuit. Plaintiff is advised that if he believes the transfer was in retaliation for him exercising his constitutional right of access to the courts, he may file a Section 1983 lawsuit raising that claim. The Clerk is directed to mail Plaintiff a Section 1983 form complaint. Finally, Plaintiff asserts that he does not have access to the kiosk in Sebastian County. This is a matter he needs to bring to the attention of the jail staff. Signed by Honorable Mark E. Ford on March 22, 2019. (smg) |
| Filing 26 MOTION to transfer back to Carroll County from Sebastain County by William Christopher Lindsey. Motions referred to Mark E. Ford.(tg) |
| Filing 25 INITIAL SCHEDULING ORDER. Please see attached document for complete deadline information. Summary Judgment Motion due by 8/16/2019. Signed by Honorable Mark E. Ford on March 20, 2019. (djm) |
| Filing 24 ANSWER to #7 Amended Complaint, #1 Complaint Referred (42:1983) with Jury Demand , ANSWER to #7 Amended Complaint, #1 Complaint Referred (42:1983) with Jury Demand, ANSWER to #7 Amended Complaint, #1 Complaint Referred (42:1983) with Jury Demand by Cole, Thomas Dean, Jim Ross, J. Watkins, Williams, Zeller.(Lewis, Kaylen) |
| Filing 23 Mail Returned as Undeliverable marked RTS no longer at facility. Mail originally sent to William Christopher Lindsey at Carroll County Jail including #15 Order on Motion for Miscellaneous Relief Resent to Sebastian County Detention Center. (lgd) |
| Filing 22 Mail Returned as Undeliverable marked RTS. Mail originally sent to William Christopher Lindsey at Carroll County Jail including 13 Order on Motion to Supplement, #15 Order on Motion for Miscellaneous Relief, 12 Order on Motion to Appoint Counsel, #14 Motion for Miscellaneous Relief filed by William Christopher Lindsey. Resent to Sebastian County Detention Center. (lgd) |
| Filing 21 Mail Returned as Undeliverable marked RTS Inmate No longer here. Mail originally sent to William Christopher Lindsey at Carroll County Jail, Berryville, AR including 20 Order on Motion for Miscellaneous Relief. Resent to Sebastian County Jail, Fort Smith, AR. (lgd) |
| Filing 20 TEXT ONLY ORDER denying #19 Motion for Copies of Grievances from Defendants. Plaintiff asks the Court to obtain copies of his grievances from the Defendants. As previously explained, once the Defendants have answered, an initial scheduling order will be entered that will require Defendants to provide Plaintiff with a number of documents including copies of all his grievances. Signed by Honorable Mark E. Ford on March 5, 2019. (smg) |
| Filing 19 MOTION for Order by William Christopher Lindsey. (Copy of docket sheet mailed to Plaintiff) Motions referred to Mark E. Ford.(tg) |
| Filing 18 SUMMONS Returned Executed by William Christopher Lindsey. Thomas Dean served on 2/28/2019, answer due 3/21/2019; Jim Ross served on 2/28/2019, answer due 3/21/2019; J. Watkins served on 2/28/2019, answer due 3/21/2019; Williams served on 2/28/2019, answer due 3/21/2019; Zeller served on 2/28/2019, answer due 3/21/2019; served on Captain Cole 2/28/2019, answer due 3/21/2019. (tg) |
| Filing 17 NOTICE of Change of Address for William Christopher Lindsey.. Documents that have previously been returned are being resent including #8 Order directing service; #9 summons issued nef; #15 Order on Motion for Miscellaneous Relief, 13 Order on Motion to Supplement. (lgd) |
| Filing 16 Mail Returned as Undeliverable marked Inmate No Longer Here. Mail originally sent to William Lindsey at Carroll County Jail including #8 Order Directing Service, #9 Summons Issued. No new address available. New Address due by 3/28/2019. (tg) |
Filing 15
ORDER denying #14 Motion to transfer jails. Signed by Honorable Mark E. Ford on February 26, 2019. (tg)
|
| Filing 14 MOTION to Transfer Jail by William Christopher Lindsey. Motions referred to Mark E. Ford.(src) |
| Filing 13 TEXT ONLY ORDER denying #11 Motion to Supplement. Plaintiff is seeking copies of his grievances and not actually seeking to supplement the allegations of the complaint. Once Defendants have answered, an initial scheduling order will be entered. The initial scheduling order will contain a deadline by which the Defendants will be required to submit various discovery documents to Plaintiff. This will include copies of any grievances Plaintiff submitted. Signed by Honorable Mark E. Ford on February 25, 2019. (smg) Modified docket text on 2/26/2019 (mfr). |
| Filing 12 TEXT ONLY ORDER denying #10 Motion to Appoint Counsel. A civil litigant does not have a constitutional or statutory right to appointed counsel in a civil action but the Court may appoint counsel at its discretion. 28 U.S.C. 1915(e)(1). The Court has considered the need for an attorney, the likelihood that Plaintiff will benefit from assistance of counsel, the factual and legal complexity of the case, and whether Plaintiff has the ability to investigate and present this case. In considering these factors, the Court finds that the claims do not appear legally or factually complex, and Plaintiff is adequately prosecuting this case at this time. The Court finds Plaintiff is capable of prosecuting his claims without appointed counsel. At a later stage in the case, Plaintiff may again request appointment of counsel if Plaintiff believes the circumstances justify such an appointment. Signed by Honorable Mark E. Ford on February 25, 2019. (smg) |
| Filing 11 MOTION to Supplement #1 Complaint Referred (42:1983) by William Christopher Lindsey. Motions referred to Mark E. Ford.(tg) |
| Filing 10 MOTION to Appoint Counsel by William Christopher Lindsey. Motions referred to Mark E. Ford.(tg) |
| Filing 9 THE DOCUMENT IS RESTRICTED TO COURT USERS AND CASE PARTICIPANTS. Summons Issued as to Cole, Thomas Dean, Jim Ross, J. Watkins, Williams, Zeller and USM285 Form(s) Delivered to USMS for each defendant for whom summons was issued with the following documents attached: re #7 Amended Complaint, #8 Order Directing Service, #6 Supplement. (lgd) |
|
Filing 8
ORDER directing Clerk to add Captain Cole as a Defendant, ORDER DIRECTING THE MARSHALS SERVICE TO SERVE Defendants, Cole, Thomas Dean, Jim Ross, J. Watkins, Williams, Zeller and granting 21 days to answer. The Clerk is directed to prepare and issue summons and a USM 285 for each Defendant being served. Signed by Honorable Mark E. Ford on February 15, 2019. (cc: U.S. Marshals Service-Certified).(lgd)
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| Filing 7 AMENDED COMPLAINT as to #1 Complaint Referred (42:1983) against Jim Ross, Thomas Dean, Williams, J. Watkins, Zeller, filed by William Christopher Lindsey. Related document: #1 Complaint Referred (42:1983) filed by William Christopher Lindsey.(tg) |
| Filing 6 SUPPLEMENT by Plaintiff William Christopher Lindsey to #1 Complaint Referred (42:1983). (tg) |
| Filing 5 CLERK'S ORDER re PLRA Initial Fee directing Carroll County Jail to collect from petitioner's prison account an initial partial filing fee of $3.88; thereafter to collect monthly payments from petitioner's prison account in amount equal to 20% of preceding month's income credited to account until $ 350.00 filing fee is paid in full (cc: Sheriff, Carroll County). (tg) |
| Set Deadlines: Amended Complaint due by 2/25/2019 (lgd) |
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Filing 4
ORDER granting #2 Motion for Leave to Proceed in forma pauperis (42:1983). Pursuant to the provisions of the Prisoner Litigation Reform Act, the Clerk is directed to collect the filing fee from the Plaintiff.Plaintiff is advised that he is required to immediately inform the Court of any change of address. If Plaintiff is transferred to another jail or prison or released, he shall have 30 days from the date of transfer or release in which to notify the Court of the new address. Plaintiff shall submit a change of address on a separate piece of paper entitled Notice to the Court of Change of Address and not include any motions or otherwise request relief in this document. The notice shall contain only information pertaining to the address change. The case will be subject to dismissal if Plaintiff fails to inform the Court of an address change. The Clerk is directed to collect the filing fee in the amount of $ 350; ORDER directing the Clerk to file the in forma pauperis (IFP) application and complaint submitted by the Plaintiff. A determination regarding his status as a pauper and service of process will be made at a later time. If Plaintiff is transferred to another jail or prison or released, he shall have 30 days from the date of transfer or release in which to notify the Court of his new address. Signed by Honorable Mark E. Ford on February 7, 2019. (lgd)
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| Filing 3 Magistrate Notice/Consent Form furnished. (lgd) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis (42:1983) by William Christopher Lindsey. Motions referred to Mark E. Ford.(lgd) |
| Filing 1 COMPLAINT REFERRED (42:1983) against Thomas Dean, Jim Ross, J. Watkins, Williams, Zeller, filed by William Christopher Lindsey.(lgd) |
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